JOB NTABO RATEMO V. REPUBLIC

JUDGMENT OF THE COURT

Background

1. The appellant, JOB NTABO RATEMO, was charged and convicted of the offence of defilement contrary to section 8 (1) and (2) of the Sexual Offences Act No. 3 of 2006.

2. The particulars of the offence are that on diverse dates between 13^th and 16^th July, 2009 at Ongata Rongai Township in Kajiado District, the appellant intentionally and unlawfully committed an act by inserting his male genital organ into the female genital organ of BN, a child aged two (2) years, which caused penetration. In the alternative, the appellant faced a charge of an indecent act with a child by touching her private parts contrary to section 11(1) of the Sexual offences Act No. 3 of 2006.

3. When the appellant was brought before the trial Magistrate’s Court (Chief Magistrate’s Court at Kibera Criminal Case No. 3212 of 2009), he entered a plea of guilty to the main charge. The prosecutor read out the facts of the case which the appellant affirmed were correct.

4. A brief summary of …